Defendent, 22, charged with attempted second-degree murder, first-degree assault, use of handgun in connection with August 2008 incident

A Silver Spring man was sentenced to 20 years in prison Monday for his role in an aggravated assault and attempted murder that occurred in August. The federal Immigration and Customs Service has also issued a detainer on Hernandez, which will trigger deportation proceedings.

Nee and Bridgford argued that Hernandez deserved to spend 65 years in prison, the maximum allowed under sentencing guidelines, for his role in a shooting on the Talbot Street Bridge in Silver Spring last August in which one victim was hospitalized with a gunshot wound. Delgado, however, maintained Hernandez's innocence, asking for a vastly reduced sentence.

Hernandez was arrested Aug. 31 and charged with attempted second-degree murder, first-degree assault, and two counts of use of a handgun in the commission of a violent crime when he opened fire on two victims with a .45-caliber handgun after one of the victims insulted him.

Hernandez was found guilty of all charges April 3 during a three-day jury trial.

"There are few crimes that are as serious," Judge Mason said of his decision. "[At the same time] we talk about numbers and years and we have no concept of what they mean. … Sixty years is a very long time."

During the hearing, Mason heard statements from the victims, Arnold Ondongo of Silver Spring and Jose Arnoldo Palacios of Hyattsville, both of whom told Mason that Hernandez deserved the maximum sentence.

"It's affected my whole life, physically, socially, everything," Palacios said of his injury by Hernandez, speaking in Spanish through an interpreter. "I want him to spend the rest of his life in jail."

Following the sentence, Delgado said he and Hernandez were not satisfied by the judge's decision and would appeal the sentence as soon as possible.

"We'll be pursuing a direct appeal and also we'll be filing a motion for reconsideration … sometime within five years," Delgado said. While a direct, immediate appeal before the U.S. Court of Appeals could lead to a reduced sentence, Hernandez will also try to convince Mason to reduce his time once he has proven his good conduct in jail after the next three or four years, Delgado explained.

Both Palacios and Ondongo refused to comment further after the sentencing, but Nee and Bridgford readily accepted Mason's decision.

"I think we're satisfied," Nee said after the hearing. "It would not be unreasonable that [Hernandez] would do 12 or 15 years. … Hopefully this is going to keep him off the streets of the community."

Also at issue during the hearing was Hernandez's status in the United States. While Delgado did say there was an ICE detainer for Hernandez, meaning the immigration service is questioning his immigration status, he maintains that nothing has been proven. His home country is Honduras.

"No determination has been made that he is not in the country legally," he said. "That has not been established anywhere [as of yet]."

Nee and Brigford claim Hernandez is an illegal immigrant and after he has served his sentence, he will be turned over to ICE, which will hold deportation proceedings.

"He entered this country illegally, stayed under the radar and then he goes out and buys a handgun [to commit a crime]," Nee said during the hearing. "He is here illegally."